UNITED STATES OF AMERICA v. AT&T INC. et al

Filing 34

MOTION to Intervene by GOOGLE INC. (Attachments: # 1 Memorandum in Support, # 2 Motion for Additional Relief, # 3 Memorandum in Support of Motion for Additional Relief, # 4 Declaration, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G)(znmw, ) (Additional attachment(s) added on 9/27/2011: # 12 Corporate Disclosure Statement) (znmw, ).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA, STATE
OF NEW YORK, STATE OF
WASHINGTON, STATE OF CALIFORNIA,
STATE OF ILLINOIS, COMMONWEALTH
OF MASSACHUSETTS, STATE OF OHIO,
AND COMMONWEALTH OF
PENNSYLVANIA,

Civil Action No. 1:11-cv-01560-ESH
Hon. Ellen S. Huvelle

Plaintiffs,
v.
AT&T INC., T-MOBILE USA, INC., AND
DEUTSCHE TELEKOM AG,
Defendants.
MOTION TO INTERVENE
Pursuant to Rule 24 of the Federal Rules of Civil Procedure, non-party Google Inc.
(“Google”) moves to intervene as of right, or in the alternative, to permissively intervene, for the
limited purpose of seeking additional relief under the Stipulated Protective Order Concerning
Confidentiality (“Protective Order”) entered in the above-captioned action (“this Action”).
Google does not seek intervention for any other purpose at this time, including for the purpose of
litigating a substantive claim or participating in discovery in this Action. Google files this
motion for limited intervention in order to exercise its right as a “non-party Protected Person”
under Paragraph B.2 of the Protective Order to “seek additional relief from the Court.” The
interests of Google — a non-party Protected Person under the Protective Order — are not
adequately represented by any of the existing parties to this litigation. Google therefore wishes
to intervene for the limited purpose of protecting its interest in safeguarding confidential,
competitively sensitive information that may be disclosed in this Action.

WHEREFORE, Google moves for an Order permitting Google to intervene in this matter
for the limited purpose of seeking additional relief under the Stipulated Protective Order
Concerning Confidentiality (“Protective Order”) entered in the above-captioned action, pursuant
to Fed. R. Civ. P. 24.
Dated: September 26, 2011
AXINN, VELTROP & HARKRIDER LLP
By: /s/ Michael L. Keeley
Michael L. Keeley (No. 996081)
1330 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
[e-mail]
John D. Harkrider (pro hac vice admission
pending)
114 West 47th Street, 22nd Floor
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Non-Party Google Inc.